The Global Campaign reflects on 9th session of Intergovt. Working Group on legally binding instrument
Global Campaign to Dismantle Corporate Power
"Binding Treaty on Transnational Corporations and Human Rights: Global South Countries Reject Maneuver by Strong Powers Against the Process", Nov 2023
…[A]s consistently challenged by Latin American…and Asian states…, along with the African Group, the new draft proposed by the chair sought to impose on the Working Group a fundamentally different scope of application of the Binding Treaty than that mandated by Resolution 26/9…This Resolution defines that the scope of application of this Treaty should focus on TNCs and other businesses that have a transnational character...
…Expanding the scope of the Treaty to regulate “all business enterprises”...contradicts the original intent of the process…
…[T]he negotiations on the revised draft began with unprecedentedly strong and constructive participation of states committed to Resolution 26/9…Thanks to this participation, important provisions were reintroduced into the negotiating text such as: direct obligations for transnational corporations; the primacy of human rights over free trade and investment agreements; the importance of recognising and including the concept of affected communities; the importance of establishing that TNCs not only abuse human rights, but also violate them; and the need to strengthen provisions to establish accountability along value and production chains…
…[T]he Chair…presented a proposal that smacked of malicious manoeuvring: as a conclusion to the week, he proposed that the OEIGWG request a new resolution from the Human Rights Council with the aim of renegotiating the mandate of the process, arguing a lack of consensus and financial resources…The proposed new resolution was met first with surprise and then with outright rejection by the states…
The active commitment of the Global South bloc of countries, social movements, affected communities, Indigenous Peoples, trade unions and [CSOs] to the process established by Resolution 26/9 and to the rights of peoples and the planet brought an end to this attempted coup…
…Not only was the short-lived proposal for a new resolution dropped, but the importance of continuing negotiations in accordance with the objectives and provisions set out in Resolution 26/9 was reaffirmed…
Many challenges lie ahead. We know that a strong and effective Binding Treaty will change the prevailing power imbalance…The unequivocal rejection of a new resolution was a resounding victory for the states of the Global South and for the Global Campaign…
These constant attempts to boycott and erode the Treaty are proof that the TNCs and their agents will use all their forces to try and prevent this process from moving forward…
Looking ahead, the Global Campaign remains fully committed to the Binding Treaty…